EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
User Rights Amendment Principles 2009 (No. 2)
The Aged Care Act 1997 (the Act) provides for the regulation and Commonwealth funding of aged care services.
Subsection 96-1(1) of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.
Among the Principles made under subsection 96-1(1) are the User Rights Principles 1997 (the User Rights Principles).
The purpose of the User Rights Amendment Principles 2009 (No.2) (the Amending Principles) is detailed below. The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
User Rights Amendment Principles 2009 (No. 2)
The purpose of these Amending Principles is to specify for the purposes of paragraphs 56-2(i) and 56-3(j) of the Act the rights and responsibilities of care recipients to whom an approved provider provides, or is to provide, community care, or flexible care in the form of Extended Aged Care at Home (EACH) or Extended Aged Care at Home Dementia (EACHD). The rights and responsibilities are set out in a Charter of Rights and Responsibilities for Community Care.
The User Rights Principles currently specify a number of rights of care recipients who are receiving community care. The Amending Principles substitute a more comprehensive outline of the rights of recipients of community care and of flexible care in the form of EACH and EACHD, together with corresponding responsibilities.
The object of the amendments is to encourage diverse, flexible and responsive aged care services delivered in the community that:
- are appropriate to meet the needs of the recipients of those services and the carers of those recipients; and
- facilitate the independence of, and choice available to, those recipients and carers.
Consultation
The policies reflected in the Amending Principles were the subject of consultation with the aged care sector through the Ageing Consultative Committee, which comprises peak industry, professional and consumer bodies. Additional organisations consulted include the Australian Commission on Safety and Quality in Health Care and the National Aged Care Advocacy Program.
Details of the Amending Principles are set out in Attachment A.
ATTACHMENT A
Clause 1 states that the name of the amending Principles is the User Rights Amendment Principles 2009 (No. 2).
Clause 2 states that the Principles commence on 1 October 2009.
Clause 3 states that Schedule 1 amends the User Rights Principles.
Schedule 1 Amendments
Item 1 amends section 23.24 of the User Rights Principles so as to more comprehensively state the purpose of Part 3 Division 3 of the User Rights Principles.
Item 2 substitutes new subsection 23.25(1) for existing subsections 23.25(1) and (2). New subsection 23.25(1) specifies that the rights and responsibilities of care recipients include the rights and responsibilities under the Charter of Rights and Responsibilities for Community Care set out in Schedule 2.
This item also inserts new subsection 23.25(2) that defines representative for the purposes of the Charter of Rights and Responsibilities for Community Care. The definition of representative includes a carer who provides domestic services and support to a care recipient otherwise than for remuneration (whether from the care recipient or any other person) on a regular basis, but who may be in receipt of a carer allowance or carer payment from the Australian Government.
Item 3 inserts new Part 3A dealing with user rights and responsibilities for flexible care.
New section 23.26A states that Part 3A specifies the rights and responsibilities of care recipients who are receiving flexible care in the form of Extended Aged Care at Home or Extended Aged Care at Home Dementia.
New section 23.26B specifies that the rights and responsibilities of care recipients include the rights and responsibilities under the Charter of Rights and Responsibilities for Community Care set out in Schedule 2.
Item 4 inserts a new Schedule 2 to the User Rights Principles comprising a Charter of Rights and Responsibilities for Community Care.
Overview
The User Rights Amendment Principles 2009 (No. 2) were enacted to address gaps and provide clarity in the rights and responsibilities of care recipients under the Aged Care Act 1997. The Aged Care Act 1997 provides the legislative framework for regulating and funding aged care services in Australia. The User Rights Principles 1997 were originally established under the Act to outline the rights of care recipients receiving community care. However, the 2009 amendments were introduced to expand these rights to include recipients of flexible care in the form of Extended Aged Care at Home (EACH) and Extended Aged Care at Home Dementia (EACHD). This was achieved through the introduction of a Charter of Rights and Responsibilities for Community Care, which was the subject of consultation with various stakeholders in the aged care sector, including the Ageing Consultative Committee, the Australian Commission on Safety and Quality in Health Care, and the National Aged Care Advocacy Program. The object of these amendments is to ensure that aged care services are flexible, diverse, and responsive to the needs of care recipients and their carers, promoting independence and choice.
Scope and Application
The User Rights Amendment Principles 2009 (No. 2) amends the User Rights Principles 1997 under the Aged Care Act 1997 to more comprehensively outline the rights and responsibilities of care recipients receiving community care or flexible care in the form of Extended Aged Care at Home (EACH) or Extended Aged Care at Home Dementia (EACHD). The Amending Principles apply to care recipients who receive these forms of aged care services from approved providers, and aim to encourage the delivery of diverse, flexible and responsive services in the community that meet the needs of care recipients and their carers. The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Amending Principles were developed in consultation with the aged care sector through the Ageing Consultative Committee and other organisations. The amendments include a more comprehensive outline of the rights of care recipients receiving community care and flexible care, together with corresponding responsibilities, set out in a Charter of Rights and Responsibilities for Community Care.
Key Provisions
The User Rights Amendment Principles 2009 (No. 2) amends the User Rights Principles 1997 under the Aged Care Act 1997. These Principles, effective from 1 October 2009, introduce more comprehensive rights and responsibilities for care recipients receiving community care and flexible care, specifically Extended Aged Care at Home (EACH) or Extended Aged Care at Home Dementia (EACHD). The Amending Principles aim to ensure that aged care services are flexible, responsive, and tailored to meet the needs of care recipients and their carers. The changes are outlined in Schedule 1, which includes amendments to section 23.24 to clarify the purpose of these rights, new definitions in subsection 23.25(2), and the introduction of a new Part 3A that details the rights and responsibilities for flexible care recipients. The Charter of Rights and Responsibilities for Community Care, now included in Schedule 2, provides a more thorough framework for the rights of care recipients.
Under the Amending Principles, care recipients have specific obligations and responsibilities that align with their rights. These include the right to be treated with dignity and respect, the right to access services that meet their needs, and the responsibility to provide accurate information to their care providers. Care recipients are also encouraged to participate in decisions about their care and to engage with their care providers to ensure their needs are met effectively. Additionally, the Principles define who can act as a representative for the care recipient, which includes carers who provide domestic services and support on a regular basis.
Failure to comply with the provisions of the Amending Principles can result in various consequences. While specific offences and penalties are not detailed in the Explanatory Statement, breaches of the Aged Care Act 1997, which these Principles amend, can lead to civil and criminal penalties. The Act empowers the Minister to take action against approved providers who fail to adhere to the rights and responsibilities outlined in the Charter. Potential actions may include fines, suspension of services, or other regulatory measures to ensure compliance and protect the rights of care recipients. The exact penalties for non-compliance are determined under the provisions of the Aged Care Act 1997, which can include substantial financial penalties for serious breaches.